Rajasthan High Court - Jodhpur
Rinku vs State on 19 February, 2021
Bench: Sandeep Mehta, Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 715/2020
Rinku S/o Narendra Singh @ Vallesingh, Aged About 25 Years,
R/o Soniya Police Thhana Kagarol District Agra, Uttar Pradesh.
(At Present In Sub Jail, Sagwada).
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Gaurav Singh, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
19/02/2021
Shri Gaurav Singh, representing the State, has chosen not to
file reply and proposes to argue the matter.
We have heard and considered the submissions advanced by
learned counsel for the applicant-appellant and learned Public
Prosecutor. Perused the impugned judgment and the material
available on record.
Shri Jitendra Ojha, advocate, submits that the case of
accidental death has been given a color of murder. He urges that
the story put-forth in the evidence of the alleged prosecution eye-
witnesses, viz., Surendra Singh (P.W.1), Pawan Kumar (P.W.2),
Omveer Singh (P.W.3) and Manoj (P.W.4) that the appellant
(2 of 3) [SOSA-715/2020]
herein, while sitting on the driver seat of the Bolero vehicle,
caught hold of the neck of the deceased Mahipal and dragged him
while driving vehicle and then threw him down on the road,
causing the fatal head injury is totally improbable and
unbelievable. The appellant had not animosity whatsoever with
the deceased. Thus, there was no reason for the appellant to
have assualted the deceased as alleged by the prosecution
witnesses. He further urges that the medical officer Dr. Deepak
Ghoghara (P.W. 8) did not notice any injury on the neck of the
deceased and thus, entire prosecution case becomes doubtful.
Thus, he urges that the appellant deserves indulgence of bail
during pendency of the appeal.
Learned Public Prosecutor has vehemently opposed the
submissions advanced by learned counsel for the applicant-
appellant.
Having considered the submissions advanced at bar and
after going through the record, we are of the opinion that the
contention of Shri Jitendra Ojha, advocate, representing the
applicant-appellant, regarding existence of improbabilities in the
evidence of the prosecution witnesses is not dehors merit.
Therefore, we are inclined to suspend the sentences awarded to
the appellant, during pendency of the appeal.
Accordingly, the instant application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by District & Sessions Judge
Dungarpur, vide judgment dated 14.08.2020 in Sessions Case
(3 of 3) [SOSA-715/2020]
No.67/2018 (CIS No.67/2018) against the appellant-applicant,
Rinku S/o Narendra Singh @ Vallesingh, shall remain suspended
till final disposal of the aforesaid appeal and he shall be released
on bail, provided he executes a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 19.03.2021 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicant(s) changes the place of
residence, he will give in writing his changed address
to the trial Court as well as to the counsel in the High
Court.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to the
trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was tried and convicted. A copy of this order
shall also be placed in that file for ready reference. Criminal Misc.
file shall not be taken into account for statistical purpose relating
to pendency and disposal of cases in the trial court. In case the
said accused-applicant(s) does not appear before the trial court,
the learned trial Judge shall report the matter to the High Court
for cancellation of bail.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
36-Bharti/-
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